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The Legality of “Regulation by Enforcement” and Other Considerations, A Discussion with Special Guest, David Zaring, Professor, Wharton School of the…
The Legality of “Regulation by Enforcement” and Other Considerations, A Discussion with Special Guest, David Zaring, Professor, Wharton School of the…
ratings:
Length:
41 minutes
Released:
Jun 29, 2023
Format:
Podcast episode
Description
The use of enforcement by the Consumer Financial Protection Bureau and other federal agencies rather than administrative rulemaking to advance novel legal theories has been widely criticized. After discussing the meaning of “regulation by enforcement,” we look at examples of the use of regulation by enforcement by the CFPB and other agencies, U.S. Supreme Court precedent regarding the legality of this approach, the choice of enforcement targets by agencies, and the role of consent orders. We conclude with a discussion of best practices that agencies should consider to broaden stakeholder participation when using enforcement to combat what they perceive to be undesirable market trends. Alan Kaplinsky, Senior Counsel in Ballard Spahr’s Consumer Financial Services Group, hosts the conversation.
Released:
Jun 29, 2023
Format:
Podcast episode
Titles in the series (100)
The Role of Government Regulation and the CFPB’s Approach, with Special Guest Cary Coglianese, Professor of Law, University of Pennsylvania Law School, and Director of the Penn Program on Regulation: We first discuss the practicalities and potential impact of implementing Director Chopra’s call in a recent blog post for simplification of consumer finance regulations and simple bright-line rules. We then examine the role and objectives of... by Consumer Finance Monitor